Gov. Bill Ritter on Tuesday said he wants a new task force to focus on ensuring that prisoners with innocence claims have access to DNA evidence instead of creating sanctions for prosecutors who lose or destroy it.

“I’m thinking something in the way of a statute, but I don’t want to necessarily go that far out now,” said the former Denver district attorney, stressing that he wants his panel to bring forward recommendations based on a study of best practices around the country.

The discussion, Ritter said, should shift away from exploring penalties for authorities who destroy evidence – because judges already wield discretion to punish them under common law. Ritter was alluding to recent comments by lawmakers who want clearer and stronger penalties on the books for the misplacing or purging of evidence.

Still, the governor acknowledged, he is open to recommendations on additional penalties against authorities who mishandle evidence – especially when it happens following convictions because there is not currently an “accepted standard of practice.”

Ritter’s remarks, his first extensive comments on evidence preservation since a Denver Post series raised questions about Colorado’s lack of regulation for evidence preservation, drew concern from some defense attorneys who believe bolder sanctions are needed as a deterrent to pitching biological evidence.

Authority “to do a lot”

“Judges have inherent authority to do a lot, but if you have legislation that clearly is important to all the people of the state and provides more encouragement to preserving evidence, judges will be more inclined to use sanctions,” said Maureen Cain of the Colorado Criminal Defense Bar organization. “Now, sanctions just don’t happen very often.”

Current Colorado law governing post-conviction DNA testing does not create a duty to preserve biological evidence – or a liability for law-enforcement officials who fail to save it.

The Post series found that more than 140 prisoners nationwide have been blocked from pursuing DNA analysis to try to prove their innocence because authorities have misplaced or destroyed crime scene materials with forensic value.

Cases rendered inactive

According to a Colorado Bureau of Investigation memo obtained by The Post, 75 unsolved criminal cases in the state have been rendered inactive by the loss or destruction of DNA evidence in recent years. Two prisoners with innocence claims may have been hobbled by missing biological evidence.

The governor has released his roster of 21 appointees to the working group – a mix of current and former prosecutors, defense lawyers, police officials and forensic experts, chaired by retired chief Denver District Court Judge Jeffrey Bayless.

The group will meet for the first time Oct. 17 at CBI headquarters and has scheduled three other meetings through November.

All are open to the public, Ritter said.

Preservation crucial

The governor said evidence preservation is crucial to preventing wrongful convictions.

In 1995, as the Denver DA, he helped correct one: his office’s own mistaken prosecution of Alarico Medina for murder. Another man later confessed to the crime.

“I determined that I could not say he was guilty beyond a reasonable doubt,” Ritter said.

“The charge of the task force will be: Look at best practices around the country, frame the problem, understand the nature of the problem and then make recommendations back to the legislature and myself,” he said.

Diplomacy skills

Bayless not only understands the role and science of DNA analysis through his experience on the bench but will use his diplomacy skills to balance the varying interests of task-force members, Ritter said.

Wheat Ridge Democrat Cheri Jahn said she had hoped the task force’s focus would be mainly on mandating preservation practices for evidence instead of sanctions.

“We need rules to the game,” she said. “Right now, we don’t have any rules.

“But sanctions also should be on the table for discussion.”

The DNA working group

Here is the group of 21 people appointed by Gov. Bill Ritter. The panel is chaired by Jeffrey Bayless, retired chief judge of the Denver District Court.

Lawmakers: state Sens. Ken Gordon and John Morse, and state Reps. Cheri Jahn and Steve King.

Current and former prosecutors: Denver DA Mitch Morrissey, Adams County DA Don Quick, El Paso County DA John Newsome and former Jefferson County DA Dave Thomas.

Current and former defense attorneys: David Kaplan, a former Colorado public defender, and Pueblo County public defender Kim Karn.

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